20080424 TZCA Mwanza2

20080424 TZCA Mwanza2

The appellant's application for revision was misconceived as the proper procedure was to file an appeal; the affidavit in support of the revision was incurably defective, and the High Court was correct to strike out the application.

Citation
20080424 TZCA Mwanza2
Parties
Appellant: Elias Manyenye; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 April 2008
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment Striking Out Revision Application
Outcome
appeal dismissed
Legal Topics
Armed Robbery, Right of Appeal, Revision Jurisdiction, Defective Affidavit, Extension of Time
Source Language
English
Criminal Law Criminal Procedure Armed Robbery Right of Appeal Revision Jurisdiction Defective Affidavit Extension of Time

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Parties

Elias Manyenye

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment Striking Out Revision Application

Legal Issues

  1. 1 Whether a party to criminal proceedings can apply for revision as of right
  2. 2 Whether the High Court erred in striking out the revision application
  3. 3 Whether the affidavit in support of the revision was incurably defective

Ratio Decidendi

The appellant's application for revision was misconceived as the proper procedure was to file an appeal; the affidavit in support of the revision was incurably defective, and the High Court was correct to strike out the application.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.